Code of Maryland Regulations
Title 21 - STATE PROCUREMENT REGULATIONS
Subtitle 07 - CONTRACT TERMS AND CONDITIONS
Chapter 21.07.02 - Mandatory Construction Contract Clauses
Section 21.07.02.05-2 - Prompt Payment of Subcontractors

Universal Citation: MD Code Reg 21.07.02.05-2

Current through Register Vol. 51, No. 19, September 20, 2024

Mandatory provisions for all construction contracts:

A. This contract and all subcontracts issued under this contract at any tier are subject to the provisions of State Finance and Procurement Article, § 15-226, Annotated Code of Maryland, and COMAR 21.10.08. In §§A-D of this regulation, the terms "undisputed amount", "prime contractor", "contractor", and "subcontractor" have the meanings stated in COMAR 21.10.08.01.

B. A contractor shall promptly pay its subcontractors an undisputed amount to which a subcontractor is entitled for work performed under this contract within 10 days after the contractor receives a progress payment or final payment for work under this contract.

C. If a contractor fails to make payment within the period prescribed in §B of this regulation, a subcontractor may request a remedy in accordance with COMAR 21.10.08.

D. A contractor shall include in its subcontracts at any tier for work under this contract wording that incorporates the provisions, duties, and obligations of §§A-D of this regulation, State Finance and Procurement Article, § 15-226, Annotated Code of Maryland, and COMAR 21.10.08.

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